Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

HEALTH INSURANCE REGULATIONS (AMENDMENT) 1998 NO. 220

STATUTORY RULES 1998 No. 220

Issued by Authority of the Minister for Health and Family Services

Health Insurance Act 1973

Health Insurance Regulations (Amendment)

Section 133 of the Health Insurance Act 1973 (the Act) provides that the Governor-General may make Regulations for the purpose of the Act.

New section 128C of the Health Insurance Act 1973 makes it an offence for medical practitioners to charge a public patient, to raise a charge or receive any payment or consideration for a public hospital service in the circumstances as set out in regulations made under this section and provides a penalty of 50 penalty units.

The Health Insurance Regulations (Amendment) (the Regulations) has inserted new regulation 25A into the Regulations which specifies that it is an offence for medical practitioners, or a person acting on the behalf of a medical practitioner, employed by, or under contract to a public hospital, to charge a fee for services associated with delivering a baby in a public hospital for a public patient

Such an offence under the legislation may incur a penalty of up to 50 penalty points. This equates to a fine of $5,500 for an individual. Further under the legislation such an offence is referred to as a "relevant offence" in Section 124B of the Act, thereby making a person found guilty of such an offence subject to referral to a Medicare Participation Review Committee.

The Regulations commenced on gazettal.